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Periscope VS Meerkat

Posted on May 13, 2015Anita BryantNo Comments

Periscope v. Meerkat

Concern has been raised, in particular, over large right holders such as sports broadcasters and Hollywood studios suing Periscope for users who film content direct from TV or events via their smartphone.
Anyone with a smartphone, the internet and an app can now broadcast live video to the world. But, while great for users is it a nightmare for content rights holders?
Live video streaming is nothing new – services have been around since the early 2000s – but Meerkat and Periscope have made it easier to broadcast our lives on the go and shifted the appeal near to the mainstream. Ever since they launched, however, speculation has followed over the potential legal liability for content delivered on their platforms.
These live streaming apps let users simply point their smartphones at whatever is happening in front of them, whether they own the rights or not, and broadcast it to a potential audience of hundreds of thousands now, millions in the future.
Concern has been raised, in particular, over large right holders such as sports broadcasters and Hollywood studios suing Periscope for users who film content direct from TV or events via their smartphone.
Periscope was bought by Twitter in January this year for an undisclosed sum thought to be slightly less than $100m. Given Twitter has a market cap of over $24bn, and most of Periscope’s competitors are not much more than startups, it is Periscope that makes the most potentially lucrative target.
The key difference between services such as Google’s YouTube and the newer live-streaming apps is the live element. YouTube, for instance, automatically scans for copyrighted content in new uploads using Google’s “Content ID” system, while providing notification and takedown schemes under the US Digital Millennium Copyright Act (DMCA).
Twitter has had practice with similar issues with Vine. The looping video service drew the attention of the Premier League in the UK, which worked with the social network to develop an effective notification of infringement and takedown system. That same system could insulate Periscope.
“Twitter, Meerkat or any other company hosting live streams from users [are] not in breach of copyright in the UK or US just because a user starts streaming copyrighted content such as a football match [by] pointing their phone at a TV broadcast,” explained Julian Moore, a head of broadcast and media rights with Pinsent Masons global sport practice. “They are only in breach if they effectively turn a blind eye to the stream, if they are made aware of it and don’t take measures to remove it.”
Periscope’s terms of service specifically prohibit the broadcasting of copyrighted content without permission.
A Periscope spokesperson told the Guardian: “Periscope operates in compliance with the DMCA, we respect intellectual property rights and are working to ensure there are robust tools in place to respond expeditiously.”
Due to its live nature, it is unlikely to attract the ire of Hollywood – more concerned will be broadcasters of live events such as sports where their value is inherent to their timeliness.
TV companies the world over pay exorbitant amounts for the rights to broadcast sporting events. Any attempt to circumvent of those rights is seen in a very dim light.
The National Hockey League, which governs ice hockey in the US, has already specifically banned both Meerkat and Periscope including any live streaming up to 30 minutes before face off. The US Open golf tournament has taken similar steps.
The MLB, however, has said it won’t stop fans using Periscope and Meerkat at games.
Meanwhile the NBA and NFL have policies that restrict both reporters and fans live broadcasting footage of the game, the players or backstage action stamped on the back of press passes and tickets. Given broadcasters pay $4.95bn a year for the rights to the NFL alone there is certainly an emphasis from the sports leagues to protect that lucrative revenue stream.
One place leagues and sports can’t stop users directly is in the home.
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